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S.D. Codified Laws § 29A-5-315

Temporary guardian or conservator of protected person

Known as the South Dakota Guardianship and Conservatorship Act

The act spans §§ 29A-5-101 to 29A-5-510 (83 sections).

Applied in 5 court decisions — leading case In Re the Conservatorship of Gaaskjolen (2014)

Most recently applied in Estate of Beadle (June 2023)

Source: SL 1993, ch 213, § 43; SDCL 30-36-43; SL 1995, ch 167, § 181.

How often courts cite this section

20132020202310
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

The court may appoint a temporary guardian or conservator, or both, under this section and §§ 29A-5-301 to 29A-5-314, inclusive, upon a showing that an immediate need exists, that adherence to the regular procedures for the appointment of a guardian or conservator may result in significant harm to the person alleged to need protection or the estate, and that no other individual or entity appears to have authority to act on behalf of the person or estate, or that the individual or entity with authority to act is unwilling or has ineffectively exercised the authority.

A temporary guardian or conservator shall have only those powers and duties which are specifically set forth in the order of appointment. The appointment of a temporary guardian or conservator shall expire within ninety days unless extended by the court for up to an additional ninety days for good cause shown.

An appointment of a temporary guardian or conservator shall be made upon such notice and subject to such conditions as the court may order, except that reasonable notice of hearing shall be given to the person alleged to need protection unless there is a showing that such delay may result in significant harm to the person or the estate.

Within five days following an appointment, a temporary guardian or conservator shall mail a copy of the order of appointment, together with a brief statement of rights to seek termination or modification, to the protected person and to all individuals and entities that would be entitled to notice of hearing on a petition for a regular appointment.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.